Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1887-01-16

CerLluCaLS Vi SUCH pdlutuI W lne puI-
chaser, his agent or attorney.
Sec. 9. Any person purchasing any Of
of said lands, shall actually settle upon
and improve the same within three
months from the date of his application
to purchase, and shall continue to occu-
Ply the same for the period of three con-
secutive years from the date of such set
tlement; provided, that any purchaser
may sell his land so applied for, after he
shall have made his first payment and
settled upon the land in good faith, and
not before; but in that event his vendee
shall file in the general land office pro-
perly authenticated transfer from the said
original purchaser, and the said vendee
shall be liable to all the obligations and
penalties imposed upon the original pur
chaser.
Sec. 10. Within one year next the ex-
piration of the three years occupancy Of
said land, above required, the
purchaser shall make proof
of his settlement and occupancy
of such land, before the county clerk of
the county in which the land is situated,
and if the land be situated in an unor-
ganized county, the proof shall be made
before the county clerk of the county to
which such unorganized countvis attached
for judicial purposes. Such proof shall be
by affidavit in writing of the purchaser,
to the effect, that he or she has actually
settled upon in good faith, and cOntinu-
ously occupied the land so purchased for
the period of three consecutive years
from the date of settlement, specifying
such date. In case the land Shall have
been transferred, the affidavit shall be
made by the person to whom it was
transferred, and shall state that the etli
ant and his assignors have together oCcu-
pied and improved tine land for the time
above required. In each of the above
cases the affidavit shall be signed by the
party making 1t and sworn to before the
clerk aforesaid, and shall be corr0bO-
rated by the stfidavit in writing of
three disinterested and credible citizens
of the county in which the land is situated
or Of the county in which the affidavit s
made, and the clerk shall certify 10 the
credibility of such witnesses under his
hand and zeal of office. Said atfda
Wits shall be filed in the general land office
within thirty days after the same are
made, and any purchaser falling 10 make
such proof end Tile the same in the gen
eral land Office as above required, snail
lard so purchased by him, and all pay
ments made thereon, anu tde land snail
be again put on the market for sale by the
surveyor upon receipt OF notice OF such
forfeituI from the commissioner of the
general land office. And failure TO
make prompt payment Of the interest due
upon the balance due upon the land so
purchased, on or before the first day of
August of any year, or failure to pay all
the principal and interest within thirty
years, shall in like manner forfeit to the
state the land and all previous payments
made thereon, and the same snail in like
manner be again Tor sale.
Sec. II, Any purchaser failing to COM
ply with all the conditions required of
MIN by this act shall forfeit to the state
the land applied for, together with all
payments made thereon, without 3 u
dicial ascertainmcnt Of suCh forfeiture, !
and the state treasurer and commissioner |
of the general land office shall each close |
the account kept by them with the pur-
chaser on their books, and shall mark on |
the same Gland forfeited,'' and the cause |
of such forfeiture, and no defaulting pur-
chaser, or those claiming under him, shall |
evade or avoid the 1ff.ct of such forfeit |
ure, at once, by reason OF a:y statute or |
law which for coverture, infancy or the |
like would otherwise give them additional !
time for payments or aCtiOn, except as
follows: Should any purchaser die
or become insane, the legal rep
resentatives or heirs of the de.
ceased, or guardian of the lunatp',
shall have one year within which TO pay
the interest due on the first day of Jsuu-
airy next, after such death or Judgment
declaring the purchaser lunatic, and
shall have like time allowed them, in
which to make proof Of settlement and
occupancy of the land as required in other
cases. Such legal representatives, heirs
or guardian may carry out the contract of
the purchaser in all respects as if no such
death or lunaCy had occurred.
Sec. Il. All lands disposed OF under
this act shall Dc sold, subject TO the res
ervatior contained in an act of the legis-
latuTe OF the state of Texas, entitled:
"An act making reservations for public
roads out of lands hereafter disposed OF
by the state" approved February 4, 1884.
And in no case shall G. patent issue for
any of said land until the purchaser there
Of shsil have paid the entire amount Of
principal and interest due fer the s4me,
and shall have fully complied with sec
tons and 10 of this act.
Sec. Is. Any person authorized by this
act to purchase any of said lands, who is
now OF who may hereafter settle upon
the same, shsll have the preference right
for six months after the passage OF this
act, or three months from the date Of his
as the case msy be, TO pur-
chase the land including his or her in
subject TO the limitations Of
amount provided for in section two Of
this act, without regard to value of in
upon complying with the
of this act.
Sec. IA. 1t shall be the duty OF the
of the general land office,
after the forfeiture provided for in Sec
ton eleven of this act snail have been
declared, to issue his certificate declar
ng such forfeiture and the cause there
Of, and forward the same to the proper
who shall note the forfeiture on
his record of his applications to pur-
chase, and shall file said certificate in his
office; thereafter said land shall be again
Tor sale, Subject to the exception con-
-ained in said section lD, as if no
application had ever been made for the
same.
Sec. Is. That so much of an act OF the
legislature of this state, entitled: "An
act to provide for the classification, sale
and lease OF the lands heretofore or here y